Parental Termination Cases in Texas - Does a Trial By Jury Make Sense?

Under Texas law, subject to certain limitations, parents have a right to a jury trial for issues involving parental rights such as termination. Tex. Fam. Code §105.002. But for termination of parental rights, Texas and Oklahoma are the only states which guarantee parents the right to a jury trial. However, the costs of jury trials in this context are real. The costs are potentially burdensome on children who may remain in foster care as a jury trial proceeds. Therefore, a quick resolution of the parental rights issue is critical. 

One important question asked by the Oklahoma Supreme Court task force is whether parental termination jury trials produce more equitable outcomes? Another wards, on balance, does the pros outweigh the cons? The answer appears to be no. 

A recent study found there is no clear difference in outcomes for parental termination cases, when the case was decided by a judge rather than by a jury. The study pointed out that both juries and judges overwhelming terminate parental rights in either context. Also, the amount of parents that request a jury trial is relatively low with only 15% of parents requesting a jury trial. A similar 2005 Arizona study regarding parental termination rights cases also found no difference in outcomes between a bench trial and a jury trial. 

So, why do some parents insist on a jury trial in a parental termination case? The reasons vary. But some explanations include that juries may be more sympathetic to a parent than a judge. However, the limited studies do not support this conclusion. Another reason parents may chose a jury trial is that the parent may be incarcerated, and thus want to invoke every guaranteed right they have remaining. 

Voir Dire

If an attorney is involved in the voir dire process for a parental termination case, the attorney should select jurors that are fair and impartial but also jurors that are sympathetic to the parent or the states case. In fact, the State of Texas has compiled a list of questions relating to parental termination cases that can help better gauge prospective jurors.

Some of the questions in include:

(1) How many people here are parents? Grandparents? Teachers?  

(2) When and under what circumstances do you think it is appropriate/safe to leave children alone?  

(3) Are there any methods of discipline you think are improper?  

(4) Do you think it is possible for a parent to endanger a child by failing to protect that child from the other parent?  

The list continues with more specific questions for categories of parental rights case grounds such as inability to care for the child, child endangerment, domestic violence, and other forms of child abuse. Thus, if a parent requests a jury trial for a parental termination case, the attorneys can better prepare to select the jury by digging deeper and asking specific questions during the voir dire process. Yet ultimately, attorneys should not hold their breath that a jury trial will be a better outcome for their side.